|Conversion action||Online purchase with processed valid payment|
|Cookie days||14 day(s)|
|Commission type||Percent of Sale|
JOIN THE HERD, HELP US STOMP OUT POACHING!
You’re already Phantastic, why else would you be here? The question now - do you want to be an Ellie Phan?
What’s an Ellie Phan?
(Only our favorite creature on planet Earth, duh…)
TEP’s herd of Ellie Phans make up our passionate and empowered REP Program. We are looking for more outgoing individuals who are active in their communities and who are motivated to make the world a better place (just like YOU) to join the herd.How does it work?
Fill out this lovely application and wait for the glorious confirmation email that has the next steps
Spread Phant love by educating others on our mission the importance of elephant conservation
You will have exclusive access to sales, new products, upcoming events, contests, and collabs to help spread that love
10% cash commission deposited into your PayPal account every month
Ellie Phan REP Starter Pack
Chance to win free gear and prizes
First to know about new products and promotions
Discover some of our other phriendly brands
Real life marketing experience
Brand Ambassadors Agreement
This agreement (the "Agreement) is made between Coleman Group LLC, DBA “The Elephant Pants”, (the "Company"), and the Brand Ambassador and/or Sales Affiliate ("Ambassador or Affiliate"), and collectively, the "Parties") for participation in The Company's Brand Ambassador program
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
1. Usage Rights: Ambassador shall grant Company the rights to use his name and likeness, and in so doing, promises to promote and recommend the Company and its “Elephant Pants” products to the public. Ambassador also grants Company a license to use any photographs, video and/or material created by Ambassador or used by Ambassador for the promotion of the Company’s products throughout the Agreement Term and for a period of up to twelve (12) months after the termination date. Ambassador agrees to promote Company and its Elephant Pants Products as may be deem appropriate and reasonable, as well as to demonstrate consistent support for the Company and its Elephant Pants products on social media outlets including but not limited to Facebook, Twitter and Instagram.
2. Custom Discount Code. Ambassador will receive a custom discount code(s) for the Company website that will provide a 10% Savings to any referrals who use the Ambassador code on www.theelephantpants.com. This code can be distributed at the discretion of the Ambassador. The Ambassadors will receive cash equal to 10% of the revenues received by the Company from such referrals. Such cash commission will be calculated based on the discounted amount when coupon codes are used. The ambassador should not promote their code on any coupon website. If The Elephant Pants determines that the discount code has been used on a coupon website, they reserve the right to disable the code immediately.
3. Tracking Link. Ambassador will receive a custom personalized tracking link that may also be used to track all referrals, hits, visits, and purchases generated by Ambassador. This is another way for Company to calculate commission.
5. If Ambassador does not comply with this Agreement or does not continue to promote and represent Company in a positive manner or in such way consistent with Company image, Ambassador will be subject to termination in the Company's discretion.
6. Ambassador agrees and understands that while under this agreement Ambassador shall not provide similar services to any competitor without the prior written consent of the Company.
7. This Agreement shall not render the Ambassador an employee, partner, agent of, or joint venture with the Company for any purpose. The Ambassador is and will remain an independent contractor in its relationship to the Company. The Company shall not be responsible for withholding taxes with respect to the Ambassador's compensation hereunder. The Ambassador shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind The Ambassador hereby waives the benefit of any state or federal statutes dealing with the establishment and regulation of franchises The Ambassador shall not have any power or express or implied authorization to bind the Company or to assume or to create any obligation or responsibility, express or implied, on behalf of the Company or in the Company’s name.
8. Ambassador hereby releases, indemnifies and holds harmless, the Company, its agents, employees, assigns, successors, insurers or any related entity, from each, every and all claims both in law and equity and all expenses, debts, covenants, liabilities, or responsibilities in any way relating to or arising from such claims, which Ambassador had or now has against the Company, whether known or unknown, and whether foreseen or unforeseen, arising from, or in any way connected directly or indirectly with, or otherwise related to, this Agreement, or any occurrence related to the performance of Ambassador's duties hereunder. The Company shall hold Ambassador harmless from any liability or expense (including legal fees and costs) made by third parties against Ambassador with respect to claims arising from the manufacture, sale and/or use of Company's products, except when resulting from the gross negligence or willful misconduct of Ambassador.
9. Promotional Materials. Company shall make available to Ambassador certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use by Ambassadors on their personal websites or otherwise (the "Promotional Materials"). Ambassador shall display or use the Promotional Materials on Affiliate prominently and as Ambassador sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement.
10. Use of Promotional Materials. The Ambassador’s use and display of the Promotional Materials shall conform to the following terms, conditions and specifications:
11. License. Company hereby grants to Ambassador a nonexclusive, nontransferable license (the "License") to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.
12. Intellectual Property. Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Ambassador any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in this Agreement.
13. Ambassador's Representations and Warranties. Ambassador represents and warrants the following:
i. Sexually explicit, obscene, or pornographic;
iii. Graphically violent, including any violent video game images; or iv Solicitous of any unlawful behavior
14. Non-Disclosure. Throughout the term of this Agreement, the undersigned will serve as an Ambassador for Company and in will, as a result of his or her service, become familiar with various proprietary and confidential information owned by or belonging to Company and/or any of its affiliated entities business and partners. This proprietary and confidential information includes but not limited to financial information, copyrights and other intellectual property rights, trade secrets, developmental or experimental work, business plans, techniques, know-how, discoveries, marketing information including statistical analyses, pricing structures, business strategies, plans for market expansion, information regarding its customers, partners and vendors, and client and contact lists (collectively, the “Confidential Information”). The Ambassador shall maintain the confidentiality of all Confidential Information and must not disclose, either directly or indirectly, Confidential Information to any person, firm or business, or use Confidential Information, during the term of this Agreement, or any time thereafter without the prior written consent of Company.
15. Indemnification. Ambassador shall indemnify Company and hold harmless Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Ambassador's warranties set forth in Section 13 above. Ambassador shall also indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Ambassador of the Promotional Materials.
16. Confidentiality. Any information that Ambassador is exposed to by virtue of its relationship with Company under this Agreement, which information is not available to the general public, shall be considered to be "Confidential Company Information." Ambassador may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Ambassador obtains prior written consent for such disclosure from Company.
18. Taxes. Company shall not be responsible for any taxes owed by Ambassador arising out of Ambassador’s relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Ambassador.
19. Limitation of Liability. Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
20. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
21. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
22. Headings. The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
23. Entire Agreement. This Agreement constitutes the entire agreement between Company and Ambassador, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
24. The Company holds the right to terminate this agreement at any time upon written notice.
25. This Agreement shall be governed by the laws of the State of New York.